Mediation is very effective in resolving disputes. Franchisors are enthusiastic about mediation, especially pre-suit, because it can eliminate the need to disclose settlements to prospective franchisees otherwise required under the
Continue Reading Tips for Enforcing that Mediated Franchise Settlement Agreement
FPRs in the Time of COVID-19
As if the global pandemic was not enough to cause franchisors and their attorneys heartburn, the North American Securities Administrators Association released a commentary titled “Disclosing Financial Performance Representations
Continue Reading FPRs in the Time of COVID-19
Are COVID Immunity Laws Good for Franchising?
(This post solely reflects the views of the author, and not that of Fox Rothschild or any of its other attorneys.)
While I am not opposed to immunity laws generally,
Continue Reading Are COVID Immunity Laws Good for Franchising?
Washington v. Washington: State of No-Poach
The Department of Justice backed off no-poach challenges in franchise agreements in 2019, but the state doubled down. The result? Washington state challenged a raft of no-poach/no-hire provisions in 225
Continue Reading Washington v. Washington: State of No-Poach
FDD Item 19 Financial Performance Representations in the Age of COVID-19
With most non-essential businesses closed across the country, it is easy to forget we are two weeks away from the April 30th Franchise Disclosure Document (FDD) update deadline for franchisors
Continue Reading FDD Item 19 Financial Performance Representations in the Age of COVID-19
NJFPA Refresher – Community of Interest
As many readers may know, the FTC Rule on Franchising’s definition of franchise contains three basic definitional elements: (1) license of a trademark, (2) payment of a fee, and (3)
Continue Reading NJFPA Refresher – Community of Interest
How Do You Determine Your Franchise System’s Technology Fee?
In my recent experience, most franchise start-ups and emerging systems typically charge a technology fee or, at a minimum, reserve the right to charge a technology fee in the future.
Continue Reading How Do You Determine Your Franchise System’s Technology Fee?
No-Poach and Antitrust, Part Deux (Or, is the risk worth it?)
In a recent post, I expressed the view that no-poach clauses in franchise agreements are unlikely to violate the antitrust laws. Recent activity, however, has given me a “maybe
Continue Reading No-Poach and Antitrust, Part Deux (Or, is the risk worth it?)
Online Reviews – Best Practices for Dealing with Yelp from Yelp!
The Pennsylvania Restaurant and Lodging Association provides many benefits to its hospitality industry members. One of those benefits is access to its interesting and useful webinar series. This month’s webinar
Continue Reading Online Reviews – Best Practices for Dealing with Yelp from Yelp!
No-Poach Provision: The Latest Cause of Worry to Franchise Systems
The recent antitrust attacks on no-poach clauses encourage insomnia among franchise lawyers. But is the attack serious or just a flash in the pan, soon to be extinguished?
The insomnia
Continue Reading No-Poach Provision: The Latest Cause of Worry to Franchise Systems